ORDINANCE NO

ORDINANCE NO. 2421

BY: ________________________________

AN ORDINANCE TO REPEAL AND RECREATE SECTION 5.80

OF THE MUNICIPAL CODE REGARDING

LOST AND ABANDONED AND UNCLAIMED PERSONAL PROPERTY

The Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1: Section 5.80 of the Municipal Code is hereby repealed and recreated to read as follows:

SECTION 5.80 DISPOSITION OF LOST AND ABANDONED PERSONAL PROPERTY.

(a) Custody of Lost or Abandoned Property.

(1) Lost and Abandoned Property Found by City Officials and Employees. Disposition of lost and abandoned property found by city officials and employees shall be subject to the provisions of Wis. Stat. Sec. 170.105 and all future revisions or amendments thereto.

(2) Lost and Abandoned Property Found by Persons other than City Employees or Officials. Lost and abandoned property found by persons other than city employees or officials or officials, employees or agents of the state or county shall be subject to the provisions of Wis. Stat. Section 170.07, 170.08 and 170.10 and all future revisions or amendments thereto.

(3) Lost and Abandoned Property Received by the Police Department. All lost and abandoned property received by the police department shall be examined for identifying marks in an attempt to determine the owner if the owner is not otherwise known. If identifying marks are present or the police department is reasonably able to determine the owner through any other means, the police department shall make reasonable efforts to notify the owner that the property is in the custody of the police department and may be claimed by contacting the police department and providing sufficient proof of ownership, except that flammable, explosive or incendiary substances, materials or devices and unclaimed dangerous weapons or ammunition shall be subject to the provisions of Wis. Stat. Section 66.0139 and all future amendments thereto. If no claim for ownership is made within 30 days of the date of notice, the property shall be disposed of according to this section. If no identifying marks are present or the police department is unable to reasonably determine who the owner is, the property shall be taken into custody by the police department and disposed of according to this section.

(4) Property Seized or Used as Evidence. Property that is seized or used as evidence shall not be disposed of until the case is closed or the evidence is no longer needed.

(5) Claims for Lost and Abandoned Property. The Chief of Police shall permit persons to claim lost or abandoned property if they can provide sufficient proof that they are rightful owners. Such lost or abandoned property shall be disposed of according to the Section, not earlier than ninety (90) days after the police department has taken possession of the property if the rightful owner has not made a claim for its return.

(6) Costs. All cost incurred by the City in attempting to notify the owner of the property shall be recovered from the owner of the property or the person entitled to the property under this section. If the property is cash, the costs incurred by the City shall be deducted by the City prior to return of the cash to the rightful owner or prior to payment under this section to any other person.

(b) Disposal Procedure.

(1) Firearms, ammunition and other dangerous materials. Firearms, ammunition, abandoned or unclaimed flammable, explosive or incendiary substances, materials, devices that pose a danger to life or property and their storage, transportation or use shall be disposed of in accordance with state law.

(2) Lost and Abandoned Property. All other property which has been abandoned, lost or remained unclaimed shall be disposed of as follows, except that if property is usable for city operations, the property need not be sold at auction, but may become the property of the city.

(a) Intoxicating liquor and fermented malt beverages. Intoxicating liquor and fermented malt beverages shall be destroyed.

(b) Property with a fair market value of $50.00 or less. An item of property with a fair market value of $50.00 or less may be disposed of by the police department by donation to a non profit organization or to a governmental agency; sale by sealed bid; or negotiated sale.

(c) Property with a fair market value of greater than $50.00, but less than $500.00. Property with a fair market value of greater than $50.00, but less than $500.00 may be disposed of by public auction, auction through an internet service, by sealed bid or by negotiated sale.

(d) Property with a fair market value of $500.00 or greater. Property with a fair market value of $500.00 or greater will be sold through public auction or auction through an internet service.

(e) Cash. Cash shall be paid in to the general fund.

(f) Records. The Chief of Police shall maintain an inventory of the property, including the date the property was received by the Police Department, a description of the property, the date and method of disposal including the consideration received for the property, if any and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for a period of not less than two years from the date of disposal of the property.

(c) Payment to City Treasury. All sums received from the sale of property under this section shall be paid to the City Treasurer.

SECTION 2: All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

SECTION 3: This ordinance shall take effect and be in force from and after its passage and publication.

Introduced this 15^th day of August, 2006.

Passed and adopted this ______ day of __________________, 2006.

____________________________________

President, Common Council

Approved this ______ day of __________________, 2006.

____________________________________
ATTEST: Mayor

__________________________________ VOTE: Ayes_____ Noes______
City Clerk